Divorce & Family Law Attorney in New Kent County, Virginia
Virginia is an equitable distribution state, meaning marital property is divided fairly based on 11 statutory factors, not necessarily 50/50.
Virginia Family Law Statutes for New Kent County
Family law matters in New Kent County are adjudicated under the Virginia Code. Key statutes include Va. Code § 20-91 (divorce grounds), § 20-107.3 (equitable distribution of marital property), § 20-108.1 (child support guidelines), and § 20-124.2 (custody based on the child’s best interests). Mr. Sris, the firm’s founder and a former prosecutor, personally played a role in amending Va. Code § 20-107.3, giving our team direct insight into the legislative intent behind Virginia’s property division framework.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the most current information, consult these official government resources:
- Va. Code Title 20, Chapter 6 (Divorce, Annulment, and Separate Maintenance) – The official Virginia statute from the state legislature.
- New Kent County General District Court Website – Official court site for local procedures, forms, and contact information.
New Kent County Family Law Court Process
New Kent County Circuit Court, located at 12001 Courthouse Circle, handles all divorce, equitable distribution, and spousal support matters. Standalone custody, visitation, child support, and protective orders are filed in the New Kent County Juvenile and Domestic Relations Court. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A signed property settlement agreement can resolve all issues without a trial.
- File the initial complaint: File a Complaint for Divorce or other family law action at the New Kent County Circuit Court clerk’s office. Pay the filing fee.
- Serve the other party: Have the sheriff or a private process server deliver the complaint and summons to your spouse.
- Attend the pendente lite hearing: If temporary orders for support or custody are needed, request a pendente lite hearing, typically scheduled within 21-60 days.
- Complete discovery: Exchange financial documents and other evidence through interrogatories, requests for production, and depositions.
- Attempt settlement or mediation: Participate in settlement negotiations or court-ordered mediation to resolve issues without a trial.
- Proceed to trial if necessary: If settlement fails, present your case at a bench trial before a New Kent County Circuit Court judge.
Penalties and Legal Standards in New Kent County
In New Kent County, family law matters involve specific legal standards: Virginia requires a 6-month separation for no-fault divorce (no minor children with a signed agreement) or a 1-year separation (with minor children). Fault grounds like adultery have no waiting period.
| Offense / Issue | Classification / Standard | Potential Outcome / Consequence | Financial Impact | Additional Factors |
|---|---|---|---|---|
| Divorce (No-Fault) | 6-month or 1-year separation required | Dissolution of marriage | Court fees, attorney costs | Separation agreement crucial |
| Equitable Distribution | Fair division of marital property (Va. Code § 20-107.3) | Division of assets/debts | Valuation costs for businesses/retirement | 11 statutory factors considered |
| Child Support | Calculated via Virginia guidelines | Monthly payment obligation | Based on combined gross income | Health insurance, childcare costs added |
| Spousal Support | Based on 13 statutory factors | Temporary or permanent award | Varies by need and ability to pay | Duration depends on marriage length |
| Child Custody | Best interests of the child (10 factors) | Legal & physical custody orders | Guardian ad Litem fees possible | Parenting plan required |
Results may vary. The outcomes described are based on statutory standards and typical case resolutions; individual results depend on the specific facts of each case.
Firm Credentials and Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to every case. Our deep involvement in Virginia family law is underscored by Mr. Sris’s personal role in amending the Commonwealth’s equitable distribution statute, Va. Code § 20-107.3. This unique legislative experience provides our team with a significant understanding of the law’s intent and application in New Kent County courts.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Experience in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, maintaining a 100% favorable outcome rate for these matters. These results include successful resolutions in divorce, custody agreements, and property division cases handled at the New Kent County Circuit Court.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local Family Law Representation
Our Richmond location serves clients with matters at the New Kent County courts on 12001 Courthouse Circle. We are accessible via I-64, Route 33, and Route 249. Our family law lawyers near New Kent County serve the communities of New Kent, Providence Forge, and Quinton. We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
How long does a divorce take in New Kent County, Virginia?
Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months; pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does a divorce cost in New Kent County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Additional costs include Guardian ad Litem for custody and mediation.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at New Kent County Circuit Court.
Related Legal Resources
For more information, please explore:
Last verified: March 2026. Information is updated from court records and statutes as of this date. Laws and procedures can change. For the most current guidance on your New Kent County family law matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.